NANDURBAR GULABSING SURESHSING SISODIYA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Present appeal has been filed by the original accused, challenging his conviction in Sessions Case No. 14 of 2011 recorded by the Additional Sessions Judge, Nandurbar, on 28.04.2016, after holding him guilty of the offence punishable under Section 302 of the Indian Penal Code.

(2.) The prosecution has come with a case, that informant P.S.I. Latif Tadvi was attached to Highway Security Unit, Visarwadi, Taluka Navapur, District Nandurbar. He along with other police persons were present for regulating traffic on highway of Dhule to Surat near Kondaibari Ghat at about 08.00 a.m. on 07.12.2010. He received an information at about 09.45 a.m., when he along with his staff was in government vehicle, that there was traffic jam in the Ghat section. Therefore, they went there and cleared the traffic. Thereafter, they were coming towards Navapur and halted near Highway Tab Police Chowki around 10.30 a.m. They found that container truck bearing No. GJ-23/U-3703 coming from Sakri by cutting lane in the Ghat section i.e. by overtaking other trucks in high speed. They also found that the driver of the container had not put safety belt. He had also not put his Khaki uniform. Therefore, Police Constable Allauddin Kamroddin Kazi stopped on highway at a distance of about 150 feet west of the Chowki and gave indication of stop to the said container with an intention to check his documents. However, driver of the truck took the vehicle in very high speed so that police person should not stop him and also to deter the police person, the container driver side gave dash to Allauddin and then the right wheel ran over the head of Allauddin. Allauddin sustained severe injuries. The vehicle did not stop at that place but went ahead.

(3.) During the course of investigation, inquest panchanama was prepared on the same day and thereafter dead body was sent for post mortem. Statements of witnesses were recorded. Panchanama of the spot was carried out immediately on the same day of the incident. The vehicle was got examined through R.T.O. The post mortem report was collected. The clothes on the person of the deceased were seized under panchanama. After completion of the investigation, charge-sheet was filed for offences punishable under Sections 304, 333 of the Indian Penal Code and Sections 134(b), 125, 119, 132, 21(18), punishable under Section 177 of the Motor Vehicles Act.